Pon Paramaguru asked 6 months ago Inquiry: I worked in an organisation for more than 3 years, I planned for career growth and applied for resignation. I got an offer from a reputed MNC. Also showed my offer letter to my boss. As per my appointment letter, I have served 3 months notice period. My boss didn't accept my resignation. As the notice period completed and informed him about my last working day and joined a new company. Now he is refusing to give a releiving letter, my college original provisional certificate and 1 month salary. For the past 3 months, I keep on requesting for relieving letter through mail. At last, what he said is he needs compensation of 5 lakh rupees as I justify the project without completing it. I tried complaining in the employment office but they are saying that they can only get my original certificate and salary. Providing relieving letter is employer's own wish. They can't help me get a releiving letter.
What should I do now how to proceed if I apply case will I be able to get relieving letter how long will it take? IIs there any rule like the employer should provide relieving letter after proper relieving.
Step-by-Step Legal Solution for Relieving Letter and Dues
Based on your message, it appears your previous employer is wrongfully withholding your relieving letter, original certificate, and salary. Here's what you can do:
Gather Documents - Step 1
- Collect copies of your appointment letter, resignation letter (proof of submission), and offer letter from the new company.
- Save any email communication regarding notice period completion and requests for the relieving letter.
Demand Letter - Step 2
- We can draft a formal demand letter to your previous employer. This letter will clearly outline:
- Your employment duration and resignation with proper notice.
- Unlawful withholding of the relieving letter, original certificate, and salary.
- Reference relevant labor laws (e.g., Industrial Disputes Act, 1947).
- Demand the release of all documents and salary within a specified timeframe (e.g., 15 days).
Negotiation or Legal Action - Step 3
- If the employer responds positively to the demand letter and releases your documents, the issue is resolved.
- If they fail to comply, we can consider further legal action:
- Labor Commissioner Complaint: You can file a formal complaint with the Labor Commissioner's office against your employer. They have the authority to investigate and ensure you receive your dues.
- Civil Court Case: As a last resort, we can file a civil case in court to recover your relieving letter, original certificate, and withheld salary.
Relieving Letter:
While there's no legal compulsion for employers to issue relieving letters in India, it's a standard practice. Courts generally view withholding as an unfair labor practice.
Timeline:
The timeframe for resolution depends on the chosen course of action.
- Demand Letter Response: 15 days
- Labor Commissioner Resolution: Few weeks to months
- Civil Court Case: Can take several months
Recommendation:
We recommend starting with the demand letter. It's a cost-effective first step to resolve the issue amicably. However, we can escalate to further legal action if necessary.
Next Steps:
Please reply to this message with your preferred course of action, and we can proceed accordingly. Additionally, if you have the aforementioned documents readily available, feel free to share them for a more comprehensive review.
In conclusion,
You have legal recourse to obtain your relieving letter, original certificate, and withheld salary. Rajendra Law Office LLP is here to guide you through the process and ensure a fair outcome.
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